Notice2021-21144
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Russian River Estuary Management Activities
Primary source
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Published
September 29, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from the Sonoma County Water Agency (SCWA) for authorization to take marine mammals incidental to conducting estuary management activities in the Russian River, CA, over the course of five years. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of SCWA's request for the development and implementation of regulations governing the incidental taking of marine mammals. NMFS invites the public to provide information, suggestions, and comments on SCWA's application and request.
Full Text
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<title>Federal Register, Volume 86 Issue 186 (Wednesday, September 29, 2021)</title>
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[Federal Register Volume 86, Number 186 (Wednesday, September 29, 2021)]
[Notices]
[Pages 53950-53951]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21144]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB457]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Russian River Estuary Management Activities
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application for Letter of Authorization;
request for comments and information.
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SUMMARY: NMFS has received a request from the Sonoma County Water
Agency (SCWA) for authorization to take marine mammals incidental to
conducting estuary management activities in the Russian River, CA, over
the course of five years. Pursuant to regulations implementing the
Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of
SCWA's request for the development and implementation of regulations
governing the incidental taking of marine mammals. NMFS invites the
public to provide information, suggestions, and comments on SCWA's
application and request.
DATES: Comments and information must be received no later than October
29, 2021.
ADDRESSES: Comments on the application should be addressed to Jolie
Harrison, Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service and should be sent to
<a href="/cdn-cgi/l/email-protection#a3eaf7f38defc2d4d0e3cdccc2c28dc4ccd5"><span class="__cf_email__" data-cfemail="cf869b9fe183aeb8bc8fa1a0aeaee1a8a0b9">[email protected]</span></a>.
Instructions: NMFS is not responsible for comments sent by any
other method, to any other address or individual, or received after the
end of the comment period. Comments received electronically, including
all attachments, must not exceed a 25-megabyte file size. All comments
received are a part of the public record and will generally be posted
online at www.fisheries.noaa.gov/national/marine-mammal-protection/
incidental-take-authorizations-construction-
[[Page 53951]]
activities without change. All personal identifying information (e.g.,
name, address) voluntarily submitted by the commenter may be publicly
accessible. Do not submit confidential business information or
otherwise sensitive or protected information.
FOR FURTHER INFORMATION CONTACT: Ben Laws, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Availability
Electronic copies of SCWA's application and separate monitoring
plan may be obtained online at <a href="http://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities">www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities</a>. In case of problems accessing these documents, please call
the contact listed above.
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce (as delegated to NMFS) to allow, upon
request, the incidental, but not intentional, taking of small numbers
of marine mammals by U.S. citizens who engage in a specified activity
(other than commercial fishing) within a specified geographical region
if certain findings are made and either regulations are issued or, if
the taking is limited to harassment, a notice of a proposed
authorization is provided to the public for review.
An authorization for incidental takings shall be granted if NMFS
finds that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring and reporting of such takings
are set forth.
NMFS has defined ``negligible impact'' in 50 CFR 216.103 as an
impact resulting from the specified activity that cannot be reasonably
expected to, and is not reasonably likely to, adversely affect the
species or stock through effects on annual rates of recruitment or
survival.
The MMPA states that the term ``take'' means to harass, hunt,
capture, kill or attempt to harass, hunt, capture, or kill any marine
mammal.
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as: Any act of pursuit, torment, or
annoyance which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild (Level A harassment); or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering (Level B harassment).
Summary of Request
On September 2, 2021, NMFS received an adequate and complete
application from SCWA requesting authorization for take of marine
mammals incidental to Russian River estuary management activities in
Sonoma County, California. The requested regulations would be valid for
five years, from April 21, 2022, through April 20, 2027. The proposed
action requires the use of heavy equipment (e.g., bulldozer, excavator)
and increased human presence, as well as the use of small boats. As a
result, pinnipeds hauled out on the beach or at peripheral haul-outs in
the estuary may exhibit behavioral responses that indicate incidental
take by Level B harassment under the MMPA. Therefore, SCWA requests
authorization to incidentally take marine mammals.
NMFS has previously issued incidental take regulations and a
subsequent Letter of Authorization (LOA) to SCWA for take of marine
mammals incidental to similar specified activities (82 FR 13765; March
15, 2017). Prior to issuing the 5-year LOA, NMFS issued multiple one-
year incidental harassment authorizations (IHA) to SCWA, for take of
marine mammals incidental to similar specified activities. Monitoring
reports submitted to NMFS as a condition of previously-issued
incidental take authorizations are available online at:
<a href="http://www.fisheries.noaa.gov/action/incidental-take-authorization-sonoma-county-water-agencys-estuary-management-activities">www.fisheries.noaa.gov/action/incidental-take-authorization-sonoma-county-water-agencys-estuary-management-activities</a>.
Specified Activities
SCWA plans to manage the naturally-formed barrier beach at the
mouth of the Russian River in order to minimize potential for flooding
adjacent to the estuary and to enhance habitat for juvenile salmonids,
as well as to conduct biological and physical monitoring of the barrier
beach and estuary. Flood control-related breaching of barrier beach at
the mouth of the river may include artificial breaches, as well as
construction and maintenance of a lagoon outlet channel. The latter
activity, an alternative management technique conducted to mitigate
impacts of flood control on rearing habitat for Endangered Species Act
(ESA)-listed salmonids, occurs only from May 15 through October 15 (the
``lagoon management period''). Artificial breaching and monitoring
activities may occur at any time during the period of validity of the
proposed regulations.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning SCWA's request (see ADDRESSES). NMFS will consider
all information, suggestions, and comments related to the request
during the development of proposed regulations governing the incidental
taking of marine mammals by SCWA, if appropriate.
Dated: September 24, 2021.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2021-21144 Filed 9-28-21; 8:45 am]
BILLING CODE 3510-22-P
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